Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[forney]

We have to be strong and keep fighting, I had the same response form my MP .

The Home Office are probably afraid your MP will approve an escalation to the PHSO. The PHSO have a new unit that is looking in to the Home Office. The PHSO can make sure the Home Office respond to you in a timely manner (and also award you compensation).

I will escalate it to PHSO and MP I am sure will sing it as he aware of the situation and has written to HO couple of times on my behalf and the HO comes back with a generic response

Your MP will ask you for a final response letter written by the Home Office. You have to complain to the Home Office several times. Eventually, the Home Office will say they can not investigate your complaint anymore. They will give you a final complaint letter. Once you have the final complaint letter, you send it to your MP and ask your MP to sign the application to the PHSO. The PHSO will then investigate. They will look at the final complaint letter and your complaint and investigate.

[IST]

We have to be strong and keep fighting, I had the same response form my MP .

The Home Office are probably afraid your MP will approve an escalation to the PHSO. The PHSO have a new unit that is looking in to the Home Office. The PHSO can make sure the Home Office respond to you in a timely manner (and also award you compensation).

I will escalate it to PHSO and MP I am sure will sing it as he aware of the situation and has written to HO couple of times on my behalf and the HO comes back with a generic response

Your MP will ask you for a final response letter written by the Home Office. You have to complain to the Home Office several times. Eventually, the Home Office will say they can not investigate your complaint anymore. They will give you a final complaint letter. Once you have the final complaint letter, you send it to your MP and ask your MP to sign the application to the PHSO. The PHSO will then investigate. They will look at the final complaint letter and your complaint and investigate.

Thank you forney

[Roar1]

@ Jossywilliams Congratulations, this is a good news.
I have seen someone who applied for EUSS and was granted status, but the person was under Ibrahim & Teixeira Derivative right, i have not seen someone on parent route granted status.
Please can you post letter sent to you?

[forney]

Your MP will ask you for a final response letter written by the Home Office. You have to complain to the Home Office several times. Eventually, the Home Office will say they can not investigate your complaint anymore. They will give you a final complaint letter. Once you have the final complaint letter, you send it to your MP and ask your MP to sign the application to the PHSO. The PHSO will then investigate. They will look at the final complaint letter and your complaint and investigate.

Thank you forney

You are welcome, IST. One problem you may come across: If the final response letter from the Home Office doesn't really say anything, the PHSO will say they can not investigate until the Home Office give a proper explanation. The Home Office know this. They try to slow the process by making you complain multiple times before they give you a final complaint letter. Even then, the final complaint says nothing. The PHSO will tell them to write a proper final response letter. That could take a while. Once the Home Office write the proper final response letter, your case will go to the specialist team for investigation. The key thing, is that in the meantime, the PHSO will be asking them why they have not decided your case on perhaps an informal basis.

[IST]

Your MP will ask you for a final response letter written by the Home Office. You have to complain to the Home Office several times. Eventually, the Home Office will say they can not investigate your complaint anymore. They will give you a final complaint letter. Once you have the final complaint letter, you send it to your MP and ask your MP to sign the application to the PHSO. The PHSO will then investigate. They will look at the final complaint letter and your complaint and investigate.

Thank you forney

You are welcome, IST. One problem you may come across: If the final response letter from the Home Office doesn't really say anything, the PHSO will say they can not investigate until the Home Office give a proper explanation. The Home Office know this. They try to slow the process by making you complain multiple times before they give you a final complaint letter. Even then, the final complaint says nothing. The PHSO will tell them to write a proper final response letter. That could take a while. Once the Home Office write the proper final response letter, your case will go to the specialist team for investigation. The key thing, is that in the meantime, the PHSO will be asking them why they have not decided your case on perhaps an informal basis.

Few times I complained they come up with the same generic response as they do to MP so what you saying is even if it goes to PHSO still they won’t investigate properly.
So I can see now why HO just sent a generic response so to delay everything unbelievable.

I am already waiting nearly one year . My case was refused back in May and lodged AR and outcome was successful and AR sent the application back to initial case working team for reconsideration and since then not any update

[forney]

Few times I complained they come up with the same generic response as they do to MP so what you saying is even if it goes to PHSO still they won’t investigate properly.
So I can see now why HO just sent a generic response so to delay everything unbelievable.

I am already waiting nearly one year . My case was refused back in May and lodged AR and outcome was successful and AR sent the application back to initial case working team for reconsideration and since then not any update

No, I am saying that PHSO can not create an "official" investigation until they have a proper final letter from the Home Office. If PHSO hear about your case, they are human beings. They will try to do what they can. Your case is perfect for PHSO. Technically you are out of time for your judicial review since so much time has passed. I would do two things. First, ask the Home Office for a final letter to your complaints. Send this letter to your MP and ask them to apply to the PHSO. Second, send a pre action protocol letter to the Home Office. Give them one week to respond. If the Home Office do not respond within 7 days, file a judicial review claim with the Upper Tribunal. Explain that you are so late because you did not know you could file a claim. The goal of your claim is for a decision. Ask for your judicial review claim to be expedited.

[forney]

Few times I complained they come up with the same generic response as they do to MP so what you saying is even if it goes to PHSO still they won’t investigate properly.
So I can see now why HO just sent a generic response so to delay everything unbelievable.

I am already waiting nearly one year . My case was refused back in May and lodged AR and outcome was successful and AR sent the application back to initial case working team for reconsideration and since then not any update

No, I am saying that PHSO can not create an "official" investigation until they have a proper final letter from the Home Office. If PHSO hear about your case, they are human beings. They will try to do what they can. Your case is perfect for PHSO. Technically you are out of time for your judicial review since so much time has passed. I would do two things. First, ask the Home Office for a final letter to your complaints. Send this letter to your MP and ask them to apply to the PHSO. Second, send a pre action protocol letter to the Home Office. Give them one week to respond. If the Home Office do not respond within 7 days, file a judicial review claim with the Upper Tribunal. Explain that you are so late because you did not know you could file a claim. The goal of your claim is for a decision. Ask for your judicial review claim to be expedited.

If the Home Office do not give you a proper final response letter, the PHSO will keep asking the Home Office for the letter. You won't have to do it. The Home Office have to work with the PHSO. People in your position should always go to the PHSO, as soon as they get a final response letter from the Home Office, even if the letter does not say much. It's a shame you didn't go there earlier.

[IST]

Few times I complained they come up with the same generic response as they do to MP so what you saying is even if it goes to PHSO still they won’t investigate properly.
So I can see now why HO just sent a generic response so to delay everything unbelievable.

I am already waiting nearly one year . My case was refused back in May and lodged AR and outcome was successful and AR sent the application back to initial case working team for reconsideration and since then not any update

No, I am saying that PHSO can not create an "official" investigation until they have a proper final letter from the Home Office. If PHSO hear about your case, they are human beings. They will try to do what they can. Your case is perfect for PHSO. Technically you are out of time for your judicial review since so much time has passed. I would do two things. First, ask the Home Office for a final letter to your complaints. Send this letter to your MP and ask them to apply to the PHSO. Second, send a pre action protocol letter to the Home Office. Give them one week to respond. If the Home Office do not respond within 7 days, file a judicial review claim with the Upper Tribunal. Explain that you are so late because you did not know you could file a claim. The goal of your claim is for a decision. Ask for your judicial review claim to be expedited.

Thank you very much Forney.

[forney]

Thank you very much Forney.

You are welcome. When you create a pre action protocol, it goes to a dedicated team. These people are different from the people you may talk to in the Home Office customer service department. The Pre Action team are more serious and have more power. They will seriously consider whether it is worth fighting your claim in court. Your request seems reasonable. It would be a waste of taxpayer money for the Home Office to fight you. If you send the pre action protocol letter to the PAP team, the PAP team may tell the decision makers to give you a response on your application.

[forney]

If you complain about your settlement application to the PHSO, the will eventually create a case for you. If your records go "missing" one day from the Home Office, you have a record of what happened to you filed with the PHSO (in addition to the Court, if you go to Court).

[Ngoo]

My EU application has been refused today. I don’t know where to do next...


Dear xxxxx

8 September 2020

Thank you for your application under the EU Settlement Scheme as a ‘person with a Zambrano right to reside’.
Your application has been carefully considered but from the information and evidence provided or otherwise available you do not meet the requirements of the scheme. I am sorry to inform you that your application has therefore been refused.
The remainder of this letter details the reasons your application has been refused, what you can do next and the help available from us.
In making this decision, we have complied with our duty under section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the need to safeguard and promote the welfare of any children who may be affected by the decision, namely your son xxxxx. This duty cannot on its own satisfy the eligibility requirements of the EU Settlement Scheme for a person with a Zambrano right to reside, but in assessing your application, the child’s best interests have been a primary consideration.
Reasons why your application has been refused
We have considered whether you meet the requirements for settled status (also known as indefinite leave to enter or remain) or pre-settled status (also known as limited leave to enter or remain) under the EU Settlement Scheme. Unfortunately, based on the information and evidence provided or otherwise available, and for the reasons set out in this letter, you do not meet the requirements.
To qualify under the scheme you need to meet the requirements that are set out in Appendix EU to the Immigration Rules. You can find out more about the requirements here www.gov.uk/settled-status-eu-citizens-f ... ligibility.
You can only be considered a ‘person with a Zambrano right to reside’ where xxxxx would be unable to reside in the UK or the European Economic Area (EEA) if you were required to leave the UK for an indefinite period.
ICD.5298 1 of 3

In order to demonstrate that xxxxx would be unable to reside in the UK or EEA if you left the UK for an indefinite period, you must be able to show that you would be required to leave the UK as you have no other means to remain lawfully in the UK as [his/her] primary carer.
An EU Settlement Scheme application based on a Zambrano right to reside will be refused where there is a realistic prospect that an application for leave to remain under Appendix FM to the Immigration Rules, or otherwise relying on Article 8 (the right to respect for private and family life) of the European Convention on Human Rights (ECHR), would succeed. This is because if you are able to obtain leave to remain in the UK on one of these bases, you will not be required to leave the UK, which means xxxxx will not be compelled to leave the UK or the EEA.
You cannot show that you would be required to leave the UK, and therefore cannot be considered a person with a Zambrano right to reside, if you have not made an application under Appendix FM to the Immigration Rules or an Article 8 ECHR claim where there is a realistic prospect that such an application or claim would succeed.
An Appendix FM application or Article 8 ECHR claim will be considered to have a realistic prospect of success where the applicant has family life in the UK with a British citizen and there is no apparent reason why such an application or claim would be refused.
You previously applied for leave under Appendix FM on 16 December 2016 and your application was successful. You were granted leave to remain on 14 July 2017, valid until 14 January 2020. You have not made a further application for leave to remain under this route or an Article 8 ECHR claim and the Secretary of State has not been made aware of any change to your circumstances since the decision to grant you leave.
As such, it is considered that a further application under Appendix FM to the Immigration Rules or an Article 8 ECHR claim has a realistic prospect of success in your case. It is accepted, for the purposes of your EU Settlement Scheme application, that you are the primary carer of a British citizen child and there is no apparent reason why an Appendix FM application or Article 8 ECHR claim would be refused.
Please note that this assessment is without prejudice to the outcome of any future Appendix FM application or Article 8 ECHR claim you may submit which will be determined on the basis of its individual merits.
It is considered that the information available does not show that you meet the eligibility requirement.

[IST]

If you complain about your settlement application to the PHSO, the will eventually create a case for you. If your records go "missing" one day from the Home Office, you have a record of what happened to you filed with the PHSO (in addition to the Court, if you go to Court).

I will write final complaint to HO and the same time I will to PHSO or can I wait for the final complaint form HO first?

[forney]

I will write final complaint to HO and the same time I will to PHSO or can I wait for the final complaint form HO first?

Your MP has to forward the application to the PHSO. You can not directly apply to the PHSO. You fill out the form, your MP signs it and the MP emails it to the PHSO. Check the last response they gave you. At the end of the letter, does it say that the letter is their final response? You may already have the final response. The last few sentences will tell you that it is their final response and if you are still unsatisfied, you can write to the Parliamentary Ombudsman. If any of your letters say that, you have already received your final letter. If so, send the letter with your PHSO application to your MP.

[forney]

My EU application has been refused today. I don’t know where to do next...
An EU Settlement Scheme application based on a Zambrano right to reside will be refused where there is a realistic prospect that an application for leave to remain under Appendix FM to the Immigration Rules, or otherwise relying on Article 8 (the right to respect for private and family life) of the European Convention on Human Rights (ECHR), would succeed...As such, it is considered that a further application under Appendix FM to the Immigration Rules or an Article 8 ECHR claim has a realistic prospect of success in your case. It is accepted, for the purposes of your EU Settlement Scheme application, that you are the primary carer of a British citizen child and there is no apparent reason why an Appendix FM application or Article 8 ECHR claim would be refused.

You are lucky. At least you have a proper decision. The reason they give is bigger than you. You and the other people on this thread who were rejected for this reason should get together and file a joint claim. There is little point to each of you fighting this battle alone.

[forney]

My EU application has been refused today. I don’t know where to do next...
An EU Settlement Scheme application based on a Zambrano right to reside will be refused where there is a realistic prospect that an application for leave to remain under Appendix FM to the Immigration Rules, or otherwise relying on Article 8 (the right to respect for private and family life) of the European Convention on Human Rights (ECHR), would succeed...As such, it is considered that a further application under Appendix FM to the Immigration Rules or an Article 8 ECHR claim has a realistic prospect of success in your case. It is accepted, for the purposes of your EU Settlement Scheme application, that you are the primary carer of a British citizen child and there is no apparent reason why an Appendix FM application or Article 8 ECHR claim would be refused.

You are lucky. At least you have a proper decision. The reason they give is bigger than you. You and the other people on this thread who were rejected for this reason should get together and file a joint claim. There is little point to each of you fighting this battle alone.

If 5 of you with this same refusal letter get together, and ask for expedition, you would have a great chance of being heard by a judge quickly, as long as you had competent representation. You could even get media coverage. Imagine that! Anyway, I don't think the First Tier Tribunal or even the Upper Tribunal is the place to challenge the Home Office's refusal. The refusal is philosophical in nature. Try the High Court.

[Greatgreat]

I sent my drf1 application last week and payment has been taken yesterday. However, I am unsure if I need to apply for the eu scheme especially as home office refused to send me the form. I have a 2.5 years( first of 10 long years) leave to remain that expires soon in December

Based on the experience of others on this thread, when your LTR expires in December, you will be eligible for settlement. You really need that EU Settlement Scheme form and to file for settlement before 31 December 2020. You should try and get their refusal in writing as proof. The Home Office don't have grounds to refuse you the form. By filing the drf1, you are declaring yourself a person who "excercises their derivative rights". I would begin the complaints process to get the form. I would also notify my MP. If you can get a copy of a blank form, you could fill it out and send it in.

Another option that is somewhat more powerful: Start the pre action protocol process. You could threaten to take the Home Office to court over their refusal to provide you with the form. This will upset them, so you should think carefully about it. Plus, you are running out of time. You send the pre action protocol letter, giving them one week to respond with the form. If they don't give you the form, you can file a claim with the court and ask for expedition. The court could compel them to give you the form. Also, during the court process, the Home Office would have to explain the reasons for why they are denying you the form. The reasons they give would probably not stand up in Court under scrutiny.

Thanks for your responses. There's no way I can get a blank form unfortunately.I think I will call them again so I can take proper record of what was being said. Also, where do I send a preaction protocol to?

[Greatgreat]

Also, I am confused abit about the dates. Who can apply by 31st dec and who could in june 21

[Greatgreat]

Oh thanks everyone! I've called HO again and behold, the lady told me same thing , that I do not qualify because I have LTR 2.5 years already! So I asked for her name and told her I am documenting everything as I'm going to take action. So she responded that she can send me the form and I can take my chances. So the form should be here in 10nworking days!

[IST]

My EU application has been refused today. I don’t know where to do next...


Dear xxxxx

8 September 2020

Thank you for your application under the EU Settlement Scheme as a ‘person with a Zambrano right to reside’.
Your application has been carefully considered but from the information and evidence provided or otherwise available you do not meet the requirements of the scheme. I am sorry to inform you that your application has therefore been refused.
The remainder of this letter details the reasons your application has been refused, what you can do next and the help available from us.
In making this decision, we have complied with our duty under section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the need to safeguard and promote the welfare of any children who may be affected by the decision, namely your son xxxxx. This duty cannot on its own satisfy the eligibility requirements of the EU Settlement Scheme for a person with a Zambrano right to reside, but in assessing your application, the child’s best interests have been a primary consideration.
Reasons why your application has been refused
We have considered whether you meet the requirements for settled status (also known as indefinite leave to enter or remain) or pre-settled status (also known as limited leave to enter or remain) under the EU Settlement Scheme. Unfortunately, based on the information and evidence provided or otherwise available, and for the reasons set out in this letter, you do not meet the requirements.
To qualify under the scheme you need to meet the requirements that are set out in Appendix EU to the Immigration Rules. You can find out more about the requirements here www.gov.uk/settled-status-eu-citizens-f ... ligibility.
You can only be considered a ‘person with a Zambrano right to reside’ where xxxxx would be unable to reside in the UK or the European Economic Area (EEA) if you were required to leave the UK for an indefinite period.
ICD.5298 1 of 3

In order to demonstrate that xxxxx would be unable to reside in the UK or EEA if you left the UK for an indefinite period, you must be able to show that you would be required to leave the UK as you have no other means to remain lawfully in the UK as [his/her] primary carer.
An EU Settlement Scheme application based on a Zambrano right to reside will be refused where there is a realistic prospect that an application for leave to remain under Appendix FM to the Immigration Rules, or otherwise relying on Article 8 (the right to respect for private and family life) of the European Convention on Human Rights (ECHR), would succeed. This is because if you are able to obtain leave to remain in the UK on one of these bases, you will not be required to leave the UK, which means xxxxx will not be compelled to leave the UK or the EEA.
You cannot show that you would be required to leave the UK, and therefore cannot be considered a person with a Zambrano right to reside, if you have not made an application under Appendix FM to the Immigration Rules or an Article 8 ECHR claim where there is a realistic prospect that such an application or claim would succeed.
An Appendix FM application or Article 8 ECHR claim will be considered to have a realistic prospect of success where the applicant has family life in the UK with a British citizen and there is no apparent reason why such an application or claim would be refused.
You previously applied for leave under Appendix FM on 16 December 2016 and your application was successful. You were granted leave to remain on 14 July 2017, valid until 14 January 2020. You have not made a further application for leave to remain under this route or an Article 8 ECHR claim and the Secretary of State has not been made aware of any change to your circumstances since the decision to grant you leave.
As such, it is considered that a further application under Appendix FM to the Immigration Rules or an Article 8 ECHR claim has a realistic prospect of success in your case. It is accepted, for the purposes of your EU Settlement Scheme application, that you are the primary carer of a British citizen child and there is no apparent reason why an Appendix FM application or Article 8 ECHR claim would be refused.
Please note that this assessment is without prejudice to the outcome of any future Appendix FM application or Article 8 ECHR claim you may submit which will be determined on the basis of its individual merits.
It is considered that the information available does not show that you meet the eligibility requirement.

I am sorry about you refusal.

[IST]

I will write final complaint to HO and the same time I will to PHSO or can I wait for the final complaint form HO first?

Your MP has to forward the application to the PHSO. You can not directly apply to the PHSO. You fill out the form, your MP signs it and the MP emails it to the PHSO. Check the last response they gave you. At the end of the letter, does it say that the letter is their final response? You may already have the final response. The last few sentences will tell you that it is their final response and if you are still unsatisfied, you can write to the Parliamentary Ombudsman. If any of your letters say that, you have already received your final letter. If so, send the letter with your PHSO application to your MP.

On my last complaint from HO it says if you not happy you can write to complaintreview so I guess the final one is the complaintreview.

[Ngoo]

My EU application has been refused today. I don’t know where to do next...


Dear xxxxx

8 September 2020

Thank you for your application under the EU Settlement Scheme as a ‘person with a Zambrano right to reside’.
Your application has been carefully considered but from the information and evidence provided or otherwise available you do not meet the requirements of the scheme. I am sorry to inform you that your application has therefore been refused.
The remainder of this letter details the reasons your application has been refused, what you can do next and the help available from us.
In making this decision, we have complied with our duty under section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the need to safeguard and promote the welfare of any children who may be affected by the decision, namely your son xxxxx. This duty cannot on its own satisfy the eligibility requirements of the EU Settlement Scheme for a person with a Zambrano right to reside, but in assessing your application, the child’s best interests have been a primary consideration.
Reasons why your application has been refused
We have considered whether you meet the requirements for settled status (also known as indefinite leave to enter or remain) or pre-settled status (also known as limited leave to enter or remain) under the EU Settlement Scheme. Unfortunately, based on the information and evidence provided or otherwise available, and for the reasons set out in this letter, you do not meet the requirements.
To qualify under the scheme you need to meet the requirements that are set out in Appendix EU to the Immigration Rules. You can find out more about the requirements here www.gov.uk/settled-status-eu-citizens-f ... ligibility.
You can only be considered a ‘person with a Zambrano right to reside’ where xxxxx would be unable to reside in the UK or the European Economic Area (EEA) if you were required to leave the UK for an indefinite period.
ICD.5298 1 of 3

In order to demonstrate that xxxxx would be unable to reside in the UK or EEA if you left the UK for an indefinite period, you must be able to show that you would be required to leave the UK as you have no other means to remain lawfully in the UK as [his/her] primary carer.
An EU Settlement Scheme application based on a Zambrano right to reside will be refused where there is a realistic prospect that an application for leave to remain under Appendix FM to the Immigration Rules, or otherwise relying on Article 8 (the right to respect for private and family life) of the European Convention on Human Rights (ECHR), would succeed. This is because if you are able to obtain leave to remain in the UK on one of these bases, you will not be required to leave the UK, which means xxxxx will not be compelled to leave the UK or the EEA.
You cannot show that you would be required to leave the UK, and therefore cannot be considered a person with a Zambrano right to reside, if you have not made an application under Appendix FM to the Immigration Rules or an Article 8 ECHR claim where there is a realistic prospect that such an application or claim would succeed.
An Appendix FM application or Article 8 ECHR claim will be considered to have a realistic prospect of success where the applicant has family life in the UK with a British citizen and there is no apparent reason why such an application or claim would be refused.
You previously applied for leave under Appendix FM on 16 December 2016 and your application was successful. You were granted leave to remain on 14 July 2017, valid until 14 January 2020. You have not made a further application for leave to remain under this route or an Article 8 ECHR claim and the Secretary of State has not been made aware of any change to your circumstances since the decision to grant you leave.
As such, it is considered that a further application under Appendix FM to the Immigration Rules or an Article 8 ECHR claim has a realistic prospect of success in your case. It is accepted, for the purposes of your EU Settlement Scheme application, that you are the primary carer of a British citizen child and there is no apparent reason why an Appendix FM application or Article 8 ECHR claim would be refused.
Please note that this assessment is without prejudice to the outcome of any future Appendix FM application or Article 8 ECHR claim you may submit which will be determined on the basis of its individual merits.
It is considered that the information available does not show that you meet the eligibility requirement.

I am sorry about you refusal.

@1ST,
Thank you.
Could you please send me the link for the Administrative Review.

[forney]

Thanks for your responses. There's no way I can get a blank form unfortunately.I think I will call them again so I can take proper record of what was being said. Also, where do I send a preaction protocol to?

UKVIPAP@homeoffice.gov.uk

https://www.gov.uk/government/publicati ... ial-review

Guidance
Resolve a dispute with the Home Office through the pre-action protocol

Template letter to help resolve a dispute before court proceedings are started in relation to immigration and nationality decisions (the 'pre-action protocol').

Published 13 April 2015
Last updated 3 August 2018


Details

Send this letter to the Home Office if you intend to challenge a decision or action made by the department.

You shouldn’t use this template in urgent cases, for example when a person is about to be removed from the UK (paragraph 6 pre-action protocol for judicial review). You also shouldn’t use this template as a letter before claim in private law claims.

15. Claimants should normally use the suggested standard format for the letter outlined at Annex A. For Immigration, Nationality and Asylum cases, the Home Office has a standardised form which can be used. It can be found online at: https://www.gov.uk/government/publicati ... nce-part-1

16. The letter should contain the date and details of the decision, act or omission being challenged, a clear summary of the facts and the legal basis for the claim. It should also contain the details of any information that the claimant is seeking and an explanation of why this is considered relevant. If the claim is considered to be an Aarhus Convention claim (see Rules 45.41 to 45.44 and Practice Direction 45), the letter should state this clearly and explain the reasons, since specific rules as to costs apply to such claims. If the claim is considered appropriate for allocation to the Planning Court and/or for classification as “significant” within that court, the letter should state this clearly and explain the reasons.

17. The letter should normally contain the details of any person known to the claimant who is an Interested Party. An Interested Party is any person directly affected by the claim. 5 They should be sent a copy of the letter before claim for information. Claimants are strongly advised to seek appropriate legal advice when considering proceedings which involve an Interested Party and, in particular, before sending the letter before claim to an Interested Party or making a claim.

18. A claim should not normally be made until the proposed reply date given in the letter before the claim has passed, unless the circumstances of the case require more immediate action to be taken. The claimant should send the letter before claim in good time so as to enable a response which can then be taken into account before the time limit for issuing the claim expires, unless there are good reasons why this is not possible.

Thank you for your e-mail to the UKVI automated e-mail in-box for pre-action protocol letters. UKVI will endeavour to respond to your letter within 14 days.

This e-mail address is solely for the receipt of pre-action protocol letters. You will not receive a substantive response from this e-mail address.

Please note if your e-mail concerns anything other than a pre-action protocol letter it will not be responded to and you should contact the relevant UKVI Home Office Department.

Receipt of this message does not constitute an acceptance that your letter complies with the pre-action protocol. Please note that all correspondence received on weekends, public holidays and after 17:00 on Fridays will be recorded as received on the next working day.

A Pre-Action Protocol pro-forma has been designed for use within the Pre-Action Protocol for Judicial Review (hereafter referred to as the Protocol). A full copy of the amended Protocol which came into effect on 6 April 2015 can be found at pages 73-86 of the document entitled “PAP making document” which appears on the Civil Procedure Rules homepage which can be found here: http://www.justice.gov.uk/courts/procedure-rules/civil

The pro-forma itself can be found by clicking on this link: https://www.gov.uk/government/publicati ... ial-review. We would encourage the use of the pro-forma and the method of sending it in electronically as we believe that it will allow us to process these matters more efficiently.

Please note that the official address for postal service of Pre Action Protocol letter before claims is:

Litigation Allocation Unit
6, New Square
Bedfont Lakes
Feltham
Middlesex
TW14 8HA

If you have served your Pre Action Protocol letter and all associated documents by e-mail to the UKVI PAP Inbox and received the automated acknowledgment response, you do not need to send a hard copy by post in addition to service by e-mail.

[forney]

Oh thanks everyone! I've called HO again and behold, the lady told me same thing , that I do not qualify because I have LTR 2.5 years already! So I asked for her name and told her I am documenting everything as I'm going to take action. So she responded that she can send me the form and I can take my chances. So the form should be here in 10nworking days!

Ok, but what are you going to do when you are refused?

[forney]

On my last complaint from HO it says if you not happy you can write to complaintreview so I guess the final one is the complaintreview.

https://www.gov.uk/complain-uk-visas-immigration

Complain about UK Visas and Immigration (UKVI)

Use this online form to complain about UKVI’s service or to check on a complaint you have already made.

Make sure you have any Home Office reference numbers that could help with the complaint.

If you’re making a complaint on behalf of someone else you’ll need their consent, along with their name and date of birth.


How to complain

If you have a complaint about our service or professional conduct, please use our online complaints form.

Alternatively email us at complaints@homeoffice.gov.uk.

Tell us as much information about yourself as you can. This will help us to find the information relevant to your case, and to contact you about it. The information you should provide is listed below:

your contact details – it is important you include your address and phone number as we may contact you to resolve your complaint by phone or to request further information
the names of the applicant/original complainant if you’re completing this on behalf of someone else – we must have written authority to disclose information about another person’s case
full details of the matter you’re complaining about, including times, dates and locations
the names or identifying numbers of any staff you’ve dealt with
details of any witnesses to the incident, if appropriate
copies of the relevant letters or papers
details of any reimbursement issues including papers and receipts to support your claim
your Home Office reference details, and any other references that will help us to investigate your complaint, for example refund reference, appeal reference or UAN (unique application number)
if your complaint is in relation to our contact centre we will need to know the date you called, the number you dialled and the number you called us from

We can only accept complaints in English and Welsh.

If you’re not satisfied

If you are not satisfied with our response, you can ask us to review the matter.

A senior member of staff will carry out an independent review of your complaint. They will provide you with further details within 20 working days of the date when you ask for a review.

If you’re still not satisfied at this stage, you may be able to raise the matter with the Parliamentary and Health Service Ombudsman who may be able to help you.

Contact us if:

you have a complaint about our service or professional conduct
the incident happened within the last 3 months

Complaints should be made no later than 3 months after the date of the incident unless there are exceptional circumstances.

[forney]

Could you please send me the link for the Administrative Review.

[highlight=yellow]https://www.gov.uk/gu ... highlight]

EU Settlement Scheme: apply for an administrative review

How to apply for an administrative review under the EU Settlement Scheme.